Rudelson v. Paules

SEAWELL, J.

P.B. Paules and Max Hartfield, appellants, were, and for some months before the earliest contract considered herein had been, the owners of the real property which furnishes the basis of the action in which judgment for respondent was rendered.

Prior to June 23, 1923, Morris M. Rudelson, respondent, was occupying as a tenant of appellants a room of the building erected on said real property in which he conducted a market. Some time prior .to June 23, 1923, appellants had decided to construct a new building on said real prop

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erty. Accordingly the old building was destroyed and removed from the lot to make room for said contemplated new structure. Grant McCartney was a real estate broker and promoter, doing business under the firm name of Grant McCartney Company. On June 22, 1923, appellants and Grant McCartney Company entered into a contract, of which the following are the pertinent provisions:

“We hereby agree that if we enter into a written agreement with Mr. L. A. Smith or any of his associates or if you furnish „us with any other parties with whom we enter into an agreement for the building and financing of a building on our property at the southwest corner of Temple and Broadway, Los Angeles, to make you our exclusive agents for negotiating the original leases for said entire building. . . . In the event said building is not built or financed by Mr. L. A. Smith or his associates or any other parties furnished by you, we are to be under no obligations to carry out this contract. ’ ’

Ten days thereafter, to wit, July 2, 1923, Grant McCartney Company and respondent Rudelson entered into the following contract:

“Received of Morris Rudelson ($2000.00) two thousand dollars, being deposit on five year lease at the rate of ($1000.00) one thousand dollars per month, on property owned by Messrs. Hartfield & Paules, at the southwest corner of Temple and Broadway, Los Angeles, California, described as follows: [Here follows description of same property described in first contract.]

“It is hereby agreed, that Mr. Rudelson will deposit with owners of said property ($4000.00) four thousand dollars more, upon completion of building and